The Ombudsman's final decision
Summary: We will not investigate the complaint about the application process for traders’ parking permits. This is because there is insufficient evidence of fault by the Council and because we could not achieve the outcome the complainant wants.
The complaint
The complainant, whom I refer to as Mr X, complains about the process for applying traders’ parking permits. He wants the Council to change the process.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and information from the Council’s website about permits. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
People can apply for a traders’ permit. The applicant must pay and submit all the required supporting evidence before the Council can approve the application. Evidence is required for each application. The Council aims to approve applications within ten working days.
Mr X complained about the process. He complained about having to submit evidence for each application and having to wait for approval. Mr X says the Council should instantly approve applications and then fine people if they do not subsequently provide the supporting evidence. He is also unhappy that he has to pay before the application is approved.
In response the Council said Mr X applied for a permit in March which was approved in three working days. It also said that he applied for permits on 1 April, provided the evidence on 5 April, and the permits were approved on 6 April. The Council said that due to high parking demand it has to check all applications carefully as, without checks, there may not be enough space to meet demand. It said that evidence is required for every application and the applicant must ensure they allow sufficient time for the application to be processed. The Council said its current average processing time is three working days.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council is processing applications promptly and within the timescales stated on the website. It is also following the policy. I appreciate Mr X thinks the Council should have a different processing policy and disagrees with how the scheme operates; but it is for the Council to decide how the permit scheme will operate and it is not something we could change. Mr X could speak to his local councillors if he thinks the application process should be changed.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome Mr X would like.
Investigator's decision on behalf of the Ombudsman